The Preserve

Key facts from The Preserve's documents

Reflects the 2004 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Single family residential subdivision with homeowners association (Recitals, Paragraph 5 - Association name)

Units / lots

Not expressly stated; subdivision plat recorded in Map Book 46, Page 263 (Paragraph 1)

Developer / declarant

T. Leber Corporation, a North Carolina Corporation (First paragraph)

Assessments & dues

Determined by majority vote of Directors; first year prorated at closing; Declarant pays for unsold Lots; after CO issued, dues doubled for improved Lots (Paragraph 5)

Special assessments

May be levied by vote of minimum 70% of total votes cast; Board may levy emergency assessment without vote (Paragraph 5)

Collections & liens

Assessments are a continuing lien on Lot; lien perfected like mechanics' lien; may be enforced by foreclosure with power of sale (Paragraph 5)

Reserves & fees

Interest at 12% per annum from due date; also $100 per day fine for continuing nuisance (Paragraph 6 (interest), Paragraph 3(l) ()

Pets

Not explicitly stated; Association may adopt reasonable restrictions on pets via rules (Paragraph 14 (rules may include restrict)

Fences

Subject to ACC approval; no chain link fencing allowed; must be aesthetically pleasing; ACC controls location, style, materials, height (Paragraph 3(h))

Architectural approval

Yes, Architectural Control Committee must approve removal of tree ≥12" diameter, and any improvement or structure (Paragraph 3 (intro), Paragraph 4)

Home business

Not specifically addressed; commercial use prohibited, so likely not allowed (Paragraph 2 (all commercial prohibited))

Signs & flags

Generally prohibited unless specifically allowed: contractor sign ≤24 sq ft (removed after CO), owner name/street number sign (ACC specifications), directional signs, governmental signs, Declarant signs, ACC-approved signs. All permitted si (Paragraph 3(d))

Setbacks / home size

2,000 sq ft heated enclosed living space (Paragraph 3(e))

Maintenance

Association maintains sightly appearance along street rights-of-way and utility easements used for common ingress/egress; maintains common areas; owners maintain their Lots; Association may employ personnel (Paragraph 5)

Insurance

Board shall procure hazard insurance on property owned by Association and liability insurance (Bylaws Article II Section 7(i))

Use restrictions

Yes, single family residential only; no commercial use except Declarant's sales office (Paragraph 2)

Voting & meetings

Each Lot has one vote; combined lots count as one for voting; multiple owners of a Lot designate one voting member; if no agreement, Board designates (Paragraph 5, Bylaws Article I Section 7)

Amendments

By 67% of lots; Declarant may make minor amendments to correct errors, clarify, or add/delete incidental provisions (recorded as Corrected Declaration); stormwater covenants cannot be altered without NC Division of Water Quality consent; ra (Paragraph 8, Paragraph 13, Paragraph 6, )

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.